Monday, September 19, 2016

The criminalization of
homelessness – the punitive social reaction to life-sustaining behaviors and
activities engaged in by persons experiencing homelessness – has been
dramatically on the rise across the nation for more than two decades. This
regressive approach in response to burgeoning homelessness, implemented
primarily via the agency of municipal government, has been documented in
seminal reports from the National Coalition for the Homeless, National Law
Center on Homelessness and Poverty, and regional homeless advocacy
organizations. Citizens in every state in the nation have suffered an increase
in the number of laws prohibiting life-sustaining activities like camping,
sleeping in vehicles, begging/panhandling, performing bodily functions (even in
the absence of public restrooms), storing personal property outdoors and,
perhaps most egregiously, the sharing of food by both secular and faith-based
institutions.

These oppressive measures serve
no documented function whatsoever in terms of moving society in the direction
of ending homelessness. Thus, in response, homeless persons and advocates have
united to bring ‘Right-to- Rest’ or Homeless Bill of Rights legislation to
their respective states. Three states now include HBoR’s among their statutes –
Rhode Island, Connecticut and Illinois – while a host of others – California,
Washington, Colorado, Oregon, and Delaware – have proposed similar legislation
in recent years but have yet to see them passed.

A variety of reports suggest
Florida may be the #1 state in the nation in terms of its criminalization of
homelessness. Florida therefore needs to adopt such a measure for the protection
of the basic human rights and dignity of homeless persons more than any other
state.

Short title. – This chapter shall be known and may be cited as the
"Homeless Bill of Rights."

Legislative intent. – Currently, many persons are enduring
homelessness – they lack a permanent, nighttime residence as a result of
economic hardship, a severe shortage of safe and affordable housing, and a
shrinking social safety net. It is the long-standing policy of this State that
no person should suffer unnecessarily from the elements (cold, heat, rain,
etc.), be deprived of food or shelter (or the basic rights incident to both),
or be subject to discrimination based on his or her housing status. It is the
intent of this chapter to ameliorate the adverse effects visited upon families,
individuals and our communities when the State’s residents lack permanent
housing; to create a society where all people, regardless of their housing
status, are valued and treated with dignity and respect and where their human,
legal, and civil rights are protected; and to be guided by the principle that basic
shelter is a human right.

SECTION 1. Definition of Homeless – For the purposes of this
resolution, “homeless” means lacking a fixed, regular, and adequate residence;
or having a primary residence in a shelter, on the street, in a vehicle, in an
enclosure or structure that is not authorized or fit for human habitation, or
in substandard apartments or dwellings; or staying doubled up temporarily with
friends or families; or staying in transitional housing programs; or staying
anywhere without tenancy rights; or staying with one or more children of whom
they are the parent or legal guardian in a residential hotel or motel whether
or not they have tenancy rights .

SECTION 2. Definition of Harassment – “Harassment” means a knowing
and willful course of conduct by law enforcement, public or private security personnel
or a private citizen directed at a specific person or group of persons,
especially because of their lack of housing, that a reasonable person would consider
as seriously alarming, seriously annoying, seriously intimidating, seriously
threatening, seriously tormenting, or seriously terrorizing a person so as to
disrupt, change, or alter their behavior or location.

SECTION 3. Bill of Rights – All natural persons are equal before
the law and have inalienable rights, among which are the rights to acquire,
possess and protect property. No person's other rights, privileges or access to
public services may be denied or abridged solely because he or she is unable to
enjoy those property rights. Every person, regardless of housing status, has
the following rights:

a) The Right to Housing. The right to housing is a basic human right,
as stated in Article 25 of the Universal Declaration of Human Rights, which
states: “Everyone has the right to a standard of living adequate for the health
and well-being of himself and of his family, including food, clothing, housing
and medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his control;” thus, the State,
counties, and local municipalities will take measurable steps to intervene in
the housing crisis in order to provide safe and affordable emergency and/or
transitional shelter and permanent housing for people experiencing
homelessness, including for those who are extremely-low-income (ELI), and
forbid discrimination against persons seeking housing based on their housing status, their source of income (including Federal Housing Choice
Vouchers ), or lack of a fixed or permanent mailing address.

b) The Right to Equal
Treatment. The right to equal treatment under the law by all State, county,
and municipal agencies, without discrimination on the basis of housing status
or source of income, and equal protection of the laws and due process by law
enforcement and prosecuting agencies and
the courts;

c) The Right to Employment
Fairness. The right not to face discrimination in seeking, obtaining, or
maintaining employment due to the lack of a permanent residence or a permanent
mailing address, or because the mailing address is that of a homeless shelter,
or a homeless or social services
provider;

d) The Right to Personal
Safety. The right to personal safety, which shall include protection from
violence based upon housing status and law enforcement and the Attorney
General's recording and reporting of all such incidents;

e) The Right to Enjoy Public
Space. The right to use and move freely in public spaces, including
sitting, lying down, sleeping, or resting in public spaces, which shall include
but not be limited to public sidewalks, public parks, public transportation and
public buildings, in the same manner as any other person and without
discrimination on the basis of his or her housing status;

f) The Right to Rest. The
right to rest or sleep in temporary shelter, such as any legally-parked motor
or recreational vehicle or a self-erected shelter (e.g., a tent), on public or,
with the owner’s permission, private property, for the purpose of immediate
survival of persons, and their pets, without harassment by law enforcement officers or others;

g) The Right to Medically
Necessary Treatment and Behavior. The right to medical care, free from
discrimination based on housing status. All human beings, regardless of housing
status, have the same basic needs to defecate, urinate, and access clean water
and other living necessities. All persons, whether permanently housed or
experiencing homelessness, should have the opportunity to perform these basic
human functions in public locations and facilities, which includes public parks
and buildings, with dignity and relative privacy under hygienic circumstances
and conditions, in clean, safe, highly accessible facilities, free to all
persons;

h) The Right to Vote. The right to vote,
register to vote, and receive documentation necessary to prove identity for
voting, without discrimination due to housing status;

i) The Right to Personal Property. The
right to protection of personal property, in accordance with Article 1, Section
9 of the State Constitution, which states no person shall be deprived of life, liberty or property without due process
of law, which includes: 1) the preservation of personal identification and
records, including documentation of government benefits, legal proceedings and
familial records, 2) storing unhoused people's belongings for 60 days without
charge, and 3) the right to a reasonable expectation of privacy in his or her
personal property to the same extent as personal property in a permanent
residence; and,

j) The Right to Social
Exchange. The right to give and accept food, water (or other non-alcoholic
beverages) and shelter, in public spaces or elsewhere, and to connect persons
experiencing homelessness with organizations that provide shelter or
transitional housing and social services, such as mental health or substance
abuse counseling, medical care and employment assistance. The right also to beg
or panhandle in public spaces, and to communicate to others in other reasonable
ways for other similar purposes.

SECTION 4. Posting – A notice entitled "DECLARATION OF
HOMELESS PERSON’S BILL OF RIGHTS" and containing the text in this resolution
will be conspicuously posted in all public parks and on the notice boards of
all municipal buildings.

SECTION 5. Application of Resolution – This resolution shall apply
to state, county, and municipal agencies and employees, including all law
enforcement officers and officials, as well as private actors.

SECTION 6. Documentation of Incidents – To ensure equitable and
cost effective enforcement of the Homeless Person’s Bill of Rights, every local
law enforcement agency shall annually compile, review, and make available to
any inquiring party, the number of citations, arrests, and other enforcement
activities made pursuant to laws prohibiting the following:

a)Obstructing
a sidewalk, whether by a person or personal property;

b)Loitering;

c)Sitting;

d)Lying
down;

e)Camping;

f)Public
lodging;

g)Sleeping
in a public place;

h)Soliciting
donations;

i)Bathing in public places;

j)Sharing or receiving food;

k)Inhabiting
or sleeping in a vehicle;

l)Violating public park closure laws;

m)Trespassing;

n)Preparing
and/or cooking food.

o)Storage
of personal property in outdoor, public spaces.

SECTION 7. Severable – The provisions of this act are severable. If
any provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given effect
without the invalid provision or application.

SECTION 8. Damages and attorney's fees – In any civil action
alleging a violation of this Act, the court may award appropriate injunctive
and declaratory relief, actual damages, and reasonable attorney's fees and
costs to a prevailing plaintiff.